Western Cape High Court Judge Mushtak Parker has been found guilty of gross misconduct by the Judicial Service Commission.
Image: Leon Lestrade/Independent Newspapers
Suspended Judge Tintswalo Makhubele appeals Judicial Service Commission's misconduct ruling.
Image: File
In South Africa, the judiciary is often regarded as the ultimate guardian of constitutional rights and impartiality. Its role in upholding the rule of law is vital, and its independence is crucial to a functioning democracy.
But judges are not gods. They are human beings, subject to the same biases, pressures, and limitations as anyone else. Acknowledging this reality is not a critique of the judiciary but a necessary step toward ensuring it remains accountable and effective.
Over the past three years, the South African judicial system has witnessed a notable surge in complaints against judges, with more than 350 cases recorded from 2022 to 2025.
The most striking figures emerged in the 2024/25 period, during which 132 complaints were lodged. At first glance, these numbers may raise alarm, suggesting potential issues within the ranks of the judiciary.
However, a closer examination reveals that these complaints may not indicate misconduct in the traditional sense; rather, they stem from a variety of common frustrations experienced by those navigating the legal system.
Many of the complaints filed do not arise from allegations of unethical behaviour but rather from systemic problems that plague the judiciary. Delays in judgments are frequently cited as a leading cause of dissatisfaction.
Also, there have been allegations of bias or incompetence.
In fact, the number of judges who have actually been found guilty of misconduct is much smaller. In recent years, there have been a few high-profile cases that have sparked public concern.
Judges Nana Makhubele and Mushtak Parker were found guilty of gross misconduct and referred for possible removal from the bench. High Court Judge Portia Phahlane was arrested on corruption charges. Other judges have been reprimanded or investigated for issues like delays, failure to recuse themselves in cases with potential conflicts of interest, or dishonesty.
Judges are not gods. Acknowledging their fallibility and demanding accountability is key to preserving the integrity of South Africa’s judiciary. Only through this can we ensure that justice is truly served for all.